Long-term care, life, and disability insurers prohibited from using genetic information for certain purposes.

A bill for an act

relating to insurance; prohibiting long-term care, life, and disability insurers from

using genetic information for certain purposes; amending Minnesota Statutes 2024,

section 72A.139, subdivision 2; proposing coding for new law in Minnesota

Statutes, chapter 72A; repealing Minnesota Statutes 2024, section 72A.139,

subdivisions 4, 5, 6, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 72A.139, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a)
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As used in this section,
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For purposes of this section and section

72A.1391, the following terms have the meanings given.
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(b)
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"Commissioner" means the commissioner of commerce for health plan companies

and other insurers regulated by that commissioner and the commissioner of health for health

plan companies regulated by that commissioner.

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(c) "Genetic information" means information derived from a genetic test.

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(b) As used in this section, a
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(d)
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"Genetic test" means a presymptomatic test of a person's

genes, gene products, or chromosomes for the purpose of determining the presence or

absence of a gene or genes that exhibit abnormalities, defects, or deficiencies, including

carrier status, that are known to be the cause of a disease or disorder, or are determined to

be associated with a statistically increased risk of development of a disease or disorder.

"Genetic test" does not include a cholesterol test or other test not conducted for the purpose

of determining the presence or absence of a person's gene or genes.

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(c) As used in this section,
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(e)
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"Health plan" has the meaning given in section
62Q.01,

subdivision 3
.

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(d) As used in this section,
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(f)
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"Health plan company" has the meaning given in section

62Q.01, subdivision 4
.

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(e) As used in this section,
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(g)
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"Individual" means an applicant for coverage or a person

already covered by the health plan company or other insurer.

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(h) "Insurer" means an insurer offering a policy of long-term care insurance, as defined

under section 62A.46, subdivision 2, or 62S.01, subdivision 18, or life insurance or disability

insurance under section 60A.06, subdivision 1, clause (4). Life insurance includes policies

offered by a fraternal benefit society.

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Sec. 2.

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[72A.1391] USE OF GENETIC INFORMATION.

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(a) An insurer is prohibited from:

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(1) denying, canceling, limiting, or establishing differentials in premium rates for an

individual or an individual's family member based solely in whole or in part on the

individual's or family member's genetic information; or

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(2) requesting, requiring, encouraging, or coercing an individual to undergo genetic

testing, including complete genomic sequencing, as a precondition of coverage, renewal,

or pricing.

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(b) This section does not prohibit an insurer from:

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(1) accessing, using, requesting, or obtaining existing health information for underwriting

purposes, including genetic information already contained within an individual's medical

record, if the insurer receives the individual's prior written consent. The consent described

in this clause must be presented separately from any other authorization to release medical

records. An insurer is prohibited from denying, canceling, or refusing to issue or renew a

policy because an individual does not provide consent; or

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(2) considering a medical diagnosis included in an individual's medical record, even if

a diagnosis was made based on the results of a genetic test.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to policies

offered, issued, or renewed on or after that date.

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Sec. 3.
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REPEALER.
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Minnesota Statutes 2024, section 72A.139, subdivisions 4, 5, 6, and 7,

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are repealed.

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APPENDIX

Repealed Minnesota Statutes: 26-06681

72A.139 USE OF GENETIC TESTS.

Subd. 4.

Application.

Subdivisions 5, 6, and 7 apply only to a life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability under a policy of life insurance.

Subd. 5.

Informed consent.

If an individual agrees to take a genetic test, the life insurance company or fraternal benefit society shall obtain the individual's written informed consent for the test. Written informed consent must include, at a minimum, a description of the specific test to be performed; its purpose, potential uses, and limitations; the meaning of its results; and the right to confidential treatment of the results. The written informed consent must inform the individual that the individual should consider consulting with a genetic counselor prior to taking the test and must state whether the insurer will pay for any such consultation. An informed consent disclosure form must be approved by the commissioner prior to its use.

Subd. 6.

Notification.

The life insurance company or fraternal benefit society shall notify an individual of a genetic test result by notifying the individual or the individual's designated physician. If the individual tested has not given written consent authorizing a physician to receive the test results, the individual must be urged, at the time that the individual is informed of the genetic test result described in this subdivision, to contact a genetic counselor or other health care professional.

Subd. 7.

Payment for test.

A life insurance company or fraternal benefit society shall not require an individual to submit to a genetic test unless the cost of the test is paid by the life insurance company or fraternal benefit society.